Teen to stand trial as an adult for father's murder

SILVER CITY — At a preliminary hearing Tuesday for Thomas Manning, the Albuquerque teen charged with shooting and killing his father Jeffrey Manning on a hunting trip in the Gila National Forest two years ago, District Court Judge J.C. Robinson found sufficient evidence to bind the case over for trial.

In November 2010, Thomas Manning, who was then 16, was hunting with his father Jeffrey Manning off McKnight Road in the Mimbres when he allegedly shot his father in the back of the head. He then hiked out and took off in his father's Toyota 4Runner. He stopped at Bryan's Pit Barbecue, on Hwy. 35 in the Mimbres, and there, told the owners and several customers what happened. Someone there called 911. Manning was later taken to the Grant County Sheriff's Department for questioning and, due to his inconsistent stories of how the shooting occurred, was arrested and charged with his father's murder.

The case has dragged on for two years, in part, due to defense attorney Stacey Ward first asking for more time to review the 77 pages of various reports she received from the Grant County Sheriff's Office, then a software glitch that prevented her from opening the Sheriff's Department's video files, and then again when Ward raised the issue of Thomas Manning's competency. In March of this year, he was determined to be competent to stand trial.

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Since that time, Ward filed a motion in July to have the statement Manning made to detectives thrown out, based on three things: that Manning did not knowingly and intelligently waive his Miranda rights, that detectives failed to stop questioning him when he asked where his mother was, and that the state did not create or preserve an audible copy of the videotaped statement. The judge denied that motion and, although he deemed the recording "useless because of its poor audio and visual quality," he allowed the statement and found that Manning did knowingly and intelligently waive his Miranda rights.

At Tuesday's hearing, Thomas Manning appeared in court dressed in blue jeans and a long-sleeved button down purple shirt, black framed glasses and a short, close-cropped hair cut. He sat quietly with his attorney at the defense table.

Deputy District Attorney George Zsoka, who is prosecuting the case for the state, first called Jeffrey Manning's widow, Margaret Manning, and asked her about the custody arrangement for Thomas Manning. Margaret told the court that Jeffrey Manning had primary custody but allowed Thomas to live with his mother, Christina Ramirez, in Albuquerque. She said Jeffrey spent every other weekend with his son and sometimes took him to appointments the boy had on weekdays. She talked about how the two planned the hunting trip to the Gila together, while sitting at the kitchen table in her and Jeffrey Manning's Los Lunas home. Ward had no questions for Margaret Manning.

Then Zsoka called Mike Graves, a customer at Bryan's Pit Barbecue who talked to Manning shortly after the shooting. Graves testified that Manning was visibly upset, crying and even collapsed at one point, when describing what happened in the woods. He said that Manning told him he stumbled and accidentally shot his father in the back of the head and that he was "adamant" his father was dead because there were pieces of his skull and brain matter on the forest floor.

Rene Hyde, an EMT who was then a first responder for Mimbres Valley EMS testified next, telling the court that she was concerned that Manning was going into shock and she had repeatedly invited him into the ambulance to get warm. She said she asked Manning if he did CPR on his father in attempt to resuscitate him, but Manning told her he couldn't, that there was only "teeth." She said Manning said he knew he didn't like his dad but he didn't want this to happen and that he was scared and just wanted to leave and go home but turned around when he was in the 4Runner and came back because he knew it wasn't right to leave his father there.

Zsoka then called Detective Jose Sanchez, with the Grant County Sheriff's Office, who was the first from the department to talk with Manning. He testified extensively as to statements Manning made, including that he was on probation for previously assaulting his father; that he had been institutionalized three times, and was on medication; that he had previously attempted suicide, and that prior to shooting his father, he had been arguing with himself internally about whether or not he should pull the trigger.

Throughout the testimony, Ward suggested that Manning may have been going into shock when he gave initial statements to EMS first responders and may have been confused when he gave statements to detectives with the Grant County Sheriff's Office.

But Lopez asserted that he asked Manning why he killed his father and Manning told him it was out of anger.

"He said out of the corner of his eye he could see the barrel of his gun was aligned with his father and pointing toward his father's shoulder, and he moved it to his father's spine," Lopez said.

He said Manning told him that the thoughts going through his mind at the time were "could I do it, would I do it," when his fist clenched and the gun went off.

Last to testify were Detective James Epperson and Mike Barragree, the Grant County field deputy medical investigator with the Office of the Medical Investigator, who testified to Manning's demeanor shortly after the shooting. Barragree said Manning appeared "detached" and showed no emotion when he was attempting to take detectives to the location where Jeffrey Manning's body was. Jeffrey Manning's body was not found until two days after the shooting, during a search by members of Search and Rescue, Border Patrol, New Mexico State Police, The U.S. Forest Service and Grant County Sheriff's deputies. A Border Patrol K9 unit found Jeffrey Manning lying near a tree in the McKnight Canyon area.

Ward said the result of the preliminary hearing was not "unexpected" but "defense law has plenty more motions to file." She said Manning is still being held in a facility.

Zsoka said he was pleased with the judge's decision to bind the case over for trial and that he intends to seek a first-degree murder conviction against Manning, who is being tried as a serious youthful offender. If convicted on the charge of first-degree murder, Manning will be sentenced as an adult, with the maximum he could receive being 30 years. A jury could also find him guilty of the lesser charge of second-degree murder, which carries a sentence of 15 years, or manslaughter, which carries a sentence of six years. Or he could be found not guilty. A trial date has not been set, but Zsoka said it will likely be sometime this spring.

Relatives of Jeffrey Manning were in the courtroom but declined to speak to the Sun-News and declined to provide a photo of Jeffrey Manning for publication.